Académique Documents
Professionnel Documents
Culture Documents
SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as
follows: "An Act Establishing a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile Justice and Welfare Council under the Department of Social
Welfare and Development, Appropriating Funds Therefor, and for Other Purposes."
SECTION 2. Section 4 of Republic Act No. 9344 is hereby amended to read
as follows:
"SEC. 4. De nition of Terms. — The following terms as used in this
Act shall be defined as follows:
"The JJWC shall convene within fteen (15) days from the effectivity of
CD Technologies Asia, Inc. 2018 cdasiaonline.com
this Act. The Secretary of Social Welfare and Development shall determine the
organizational structure and sta ng pattern of the JJWC national secretariat
and the RJJWC secretariat.
"In the implementation of this Act, the JJWC shall consult with the
various leagues of local government officials.
"The JJWC shall coordinate with the O ce of the Court Administrator
and the Philippine Judicial Academy to ensure the realization of its mandate
and the proper discharge of its duties and functions, as herein provided."
SECTION 5. Section 9 of Republic Act No. 9344 is hereby amended to read
as follows:
"SEC. 9. Duties and Functions of the JJWC. — The JJWC shall have
the following duties and functions:
"(a) To oversee the implementation of this Act;
"The local social welfare and development o cer shall determine the
appropriate programs for the child who has been released, in consultation with
the child and the person having custody over the child. If the parents, guardians
or nearest relatives cannot be located, or if they refuse to take custody, the child
may be released to any of the following:
"(a) A duly registered nongovernmental or religious
organization;
"(b) A barangay o cial or a member of the Barangay Council
for the Protection of Children (BCPC);
"(c)A local social welfare and development o cer; or, when and
where appropriate, the DSWD.
"In accordance with existing laws, rules, procedures and guidelines, the
proper petition for involuntary commitment and placement under the IJISC shall
be led by the local social welfare and development o cer of the LGU where
the offense was committed, or by the DSWD social worker in the local social
welfare and development o cer's absence, within twenty-four (24) hours from
the time of the receipt of a report on the alleged commission of said child. The
court, where the petition for involuntary commitment has been led shall decide
on the petition within seventy-two (72) hours from the time the said petition has
been led by the DSWD/LSWDO. The court will determine the initial period of
placement of the child within the IJISC which shall not be less than one (1) year.
The multi-disciplinary team of the IJISC will submit to the court a case study
and progress report, to include a psychiatric evaluation report and recommend
the reintegration of the child to his/her family or the extension of the placement
under the IJISC. The multi-disciplinary team will also submit a report to the court
on the services extended to the parents and family of the child and the
compliance of the parents in the intervention program. The court will decide
whether the child has successfully completed the center-based intervention
program and is already prepared to be reintegrated with his/her family or if there
is a need for the continuation of the center-based rehabilitation of the child. The
court will determine the next period of assessment or hearing on the
commitment of the child."
"SEC. 20-B. Repetition of Offenses. — A child who is above twelve
(12) years of age up to fteen (15) years of age and who commits an offense
for the second time or oftener: Provided, That the child was previously subjected
to a community-based intervention program, shall be deemed a neglected child
under Presidential Decree No. 603, as amended, and shall undergo an intensive
intervention program supervised by the local social welfare and development
officer: Provided, further, That, if the best interest of the child requires that
CD Technologies Asia, Inc. 2018 cdasiaonline.com
he/she be placed in a youth care facility or 'Bahay Pag-asa', the child's parents
or guardians shall execute a written authorization for the voluntary commitment
of the child: Provided, nally , That if the child has no parents or guardians or if
they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be
immediately led by the DSWD or the LSWDO pursuant to Presidential Decree
No. 603, as amended."
"SEC. 20-C. Exploitation of Children for Commission of Crimes. —
Any person who, in the commission of a crime, makes use, takes advantage of,
or pro ts from the use of children, including any person who abuses his/her
authority over the child or who, with abuse of con dence, takes advantage of
the vulnerabilities of the child and shall induce, threaten or instigate the
commission of the crime, shall be imposed the penalty prescribed by law for the
crime committed in its maximum period."
"SEC. 20-D. Joint Parental Responsibility. — Based on the
recommendation of the multi-disciplinary team of the IJISC, the LSWDO or the
DSWD, the court may require the parents of a child in con ict with the law to
undergo counseling or any other intervention that, in the opinion of the court,
would advance the welfare and best interest of the child.
"As used in this Act, 'parents' shall mean any of the following:
"(a) Biological parents of the child; or
"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the child.
"A court exercising jurisdiction over a child in con ict with the law may
require the attendance of one or both parents of the child at the place where the
proceedings are to be conducted. CAIaHS
"The parents shall be liable for damages unless they prove, to the
satisfaction of the court, that they were exercising reasonable supervision over
the child at the time the child committed the offense and exerted reasonable
effort and utmost diligence to prevent or discourage the child from committing
another offense."
"SEC. 20-E. Assistance to Victims of Offenses Committed by
Children. — The victim of the offense committed by a child and the victim's
family shall be provided the appropriate assistance and psychological
intervention by the LSWDO, the DSWD and other concerned agencies."
SECTION 7. Section 22 of Republic Act No. 9344 is hereby amended to read
as follows:
"SEC. 22. Duties During Initial Investigation. — The law enforcement
o cer shall, in his/her investigation, determine where the case involving the
child in conflict with the law should be referred.
"The taking of the statement of the child shall be conducted in the
presence of the following: (1) child's counsel of choice or in the absence thereof,
a lawyer from the Public Attorney's O ce; (2) the child's parents, guardian, or
nearest relative, as the case may be; and (3) the local social welfare and
development o cer. In the absence of the child's parents, guardian, or nearest
relative, and the local social welfare and development o cer, the investigation
shall be conducted in the presence of a representative of an NGO, religious
group, or member of the BCPC.
CD Technologies Asia, Inc. 2018 cdasiaonline.com
"The social worker shall conduct an initial assessment to determine the
appropriate interventions and whether the child acted with discernment, using
the discernment assessment tools developed by the DSWD. The initial
assessment shall be without prejudice to the preparation of a more
comprehensive case study report. The local social worker shall do either of the
following:
"(a) Proceed in accordance with Section 20 if the child is fteen
(15) years or below or above fteen (15) but below eighteen (18) years old,
who acted without discernment; and DTEIaC
"(b) If the child is above fteen (15) years old but below
eighteen (18) and who acted with discernment, proceed to diversion under
the following chapter."
"Every 'Bahay Pag-asa' will have a special facility called the IJISC. This
Center will be allocated for children in con ict with the law in accordance with
Sections 20, 20-A and 20-B hereof. These children will be required to undergo a
more intensive multi-disciplinary intervention program. The JJWC in partnership
with, but not limited to, the DSWD, the DOH, the DepEd and the DILG, will
develop and set the standards for the implementation of the multi-disciplinary
intervention program of the IJISC. Upon institutionalization of the IJISC
program, the JJWC will continue to monitor and provide technical assistance to
the multi-disciplinary teams operating the said centers."
SECTION 10. Section 50 of Republic Act No. 9344 is hereby amended to read
as follows:
"SEC. 50. Care and Maintenance of the Child in Conflict with the Law.
—...
CD Technologies Asia, Inc. 2018 cdasiaonline.com
"The LGUs expected expenditures on the local juvenile intervention
program for children at risk and children in con ict with the law shall be
included in the LGUs annual budget. Highly-urbanized cities and provincial
governments should include a separate budget for the construction and
maintenance of the 'Bahay Pag-asa' including the operation of the IJISC within
the 'Bahay Pag-asa'."
SECTION 11. Section 57 of Republic Act No. 9344 is hereby amended to read
as follows:
"SEC. 57. Status Offenses. — Any conduct not considered an offense
or not penalized if committed by an adult shall not be considered an offense
and shall not be punished if committed by a child."
"SEC. 57-A. Violations of Local Ordinances. — Ordinances enacted by
local governments concerning juvenile status offenses such as, but not limited
to, curfew violations, truancy, parental disobedience, anti-smoking and anti-
drinking laws, as well as light offenses and misdemeanors against public order
or safety such as, but not limited to, disorderly conduct, public scandal,
harassment, drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing, shall be for
the protection of children. No penalty shall be imposed on children for said
violations, and they shall instead be brought to their residence or to any
barangay o cial at the barangay hall to be released to the custody of their
parents. Appropriate intervention programs shall be provided for in such
ordinances. The child shall also be recorded as a 'child at risk' and not as a
'child in con ict with the law'. The ordinance shall also provide for intervention
programs, such as counseling, attendance in group activities for children, and
for the parents, attendance in parenting education seminars." EcSaHA
SECTION 12. Mandatory Registry of Children in Con ict with the Law. — All
duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance
counselors, social workers and prosecutors who will receive report, handle or refer
cases of children in con ict with the law, shall ensure a faithful recordation of all
pertinent information, such as age, residence, gender, crime committed or accused of
and the details of the intervention or diversion, as the case may be, under which they will
undergo or has undergone, of all children in con ict with the law to guarantee the
correct application of the provisions of this Act and other laws. The JJWC shall lead in
the establishment of a centralized information management system on children in
con ict with the law. This provision is however without prejudice to Section 43 of this
Act.
SECTION 13. Section 63 of Republic Act No. 9344 is hereby amended to read
as follows:
"SEC. 63. Appropriations. — The amount necessary to carry out the
provisions of this Act shall be charged against the current year's appropriations
of the JJWC under the budget of the Department of Justice. Thereafter, such
sums as may be necessary for the continued implementation of this Act shall
be included in the budget of the DSWD under the annual General Appropriations
Act: Provided, That the amount of Four hundred million pesos
(P400,000,000.00) shall be appropriated for the construction of 'Bahay Pag-asa'
rehabilitation centers in provinces or cities with high incidence of children in
con ict with the law to be determined and identi ed by the DSWD and the
JJWC on a priority basis: Provided, further, That the said amount shall be
coursed through the Department of Public Works and Highways (DPWH) for its
proper implementation.
CD Technologies Asia, Inc. 2018 cdasiaonline.com
"The LGUs concerned shall make available, from its own resources or
assets, their counterpart share equivalent to the national government
contribution of Five million pesos (P5,000,000.00) per rehabilitation center.
"In addition, the Council may accept donations, grants and contributions
from various sources, in cash or in kind, for purposes relevant to its functions,
subject to the usual government accounting and auditing rules and regulations."
SECTION 14. Implementing Rules and Regulations. — The JJWC shall
promulgate the necessary rules and regulations within sixty (60) days from the
effectivity of this Act.
SECTION 15. Separability Clause. — If any provision of this Act is held
unconstitutional, other provisions not affected thereby shall remain valid and binding.
SECTION 16. Repealing Clause. — All laws, decrees, ordinances and rules
inconsistent with the provisions of this Act are hereby modi ed or repealed
accordingly. CSTcEI
SECTION 17. Effectivity Clause. — This Act shall take effect fteen (15) days
after the completion of its publication in the O cial Gazette or in at least two (2)
national newspapers of general circulation.
Approved: October 3, 2013.